RESOLUTION NO. 225 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, in 2017, the Personnel Officer directed our Health Insurance Broker to market our retiree health insurance, as our Medicare eligible retiree population received a significant increase in premiums for said year,

WHEREAS, as a result of the marketing, it has been recommended by the Personnel Officer that Montgomery County change carriers from Empire Blue Cross Mediblue Freedom PPO Medicare Advantage plan to Humana Medicare Advantage plan for health insurance only, (no prescription drugs); and 

WHEREAS, although Empire Blue Cross Mediblue Freedom PPO Medicare Advantage has provided excellent service to Montgomery County and the retiree population, the rates are not competitive; and 

WHEREAS, Humana is matching 100% of the current plan design; and 

WHEREAS, Humana's pricing is projected to be a $253,376.64 annual savings

RESOLVED, that the County Executive, following review and approval by the County Attorney , is authorized and directed to sign an agreement with Humana Medicare Advantage plan for health insurance only, (no prescription drugs) at a rate of $194.46 per member per month.

FURTHER RESOLVED, that said agreement shall be effective January 1, 2018 through December 31,2018.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 226 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, pursuant to the Audit Guidelines, Section 13.2 (2), requires after examination and review of the claims by the audit committee, and there being no objection to any of the claims by any committee or Board member, shall move that the claims as audited are approved and presented to the Board for approval of payment; and

WHEREAS, the Audit Committee has audited claims for the period of September 27, 2017 through October 26, 2017 and recommends the payment of the claims as attached hereto in the "Abstract of Audited Claims".

RESOLVED, after examination and review of the claims by the Audit Committee, the claims are audited and attached hereto, are hereby approved for payment by the Montgomery County Legislature.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 227 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, pursuant to Section 2.10 of the Montgomery County Charter and Section 2.03 (A) xiv of the Rules of Procedure of the Montgomery County Legislature, there shall be an Audit Committee composed of the Chairperson of the Legislature, the Chairperson of the Standing Committee on Budget & Finance and one additional Legislator; and

WHEREAS, the Montgomery County Legislature appoints a member each month to fill the position of the additional Legislator on the Audit Committee; and

RESOLVED, Legislator Headwell is hereby appointed to serve on the Audit Committee for the month of November 2017 and the month of December 2017.

RESOLUTION VOTE, passed with Aye(8). Legislator Headwell, Jr. abstained. (10/24/2017)

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RESOLUTION NO. 228 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, the Village and the County have an interest in revitalizing urban areas and stabilizing neighborhoods; and 

WHEREAS, the County recognizes that the renewal of the these downtown areas throughout the County will strengthen the local economy and increase quality of life for residents; and 

WHEREAS, the Village applied for and was awarded a Local Waterfront Revitalization Grant; and 

WHEREAS, the County has foreclosed on the property that was the subject of the Village's Local Waterfront Revitilization Grant application; and 

WHEREAS, the County hereby supports the efforts of the Village’s  Local Waterfront Revitalization grant; and 

WHEREAS, the cooperative action of the County and the Village is expected to be to the benefit of the County and the Village. 

RESOLVED, that the Montgomery County Executive, upon review and approval by the County Attorney, is authorized to enter into a Memorandum of Understanding with the Village of Canajoharie to share the grant match and help to administer the  Local Waterfront Revitilization grant.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 229 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, on October 23, 2007, a proposed local law which establishes a real property tax exemption for Cold War Veterans was presented to the Board of Supervisors for consideration and a public hearing that was held on November 27, 2007.  Local Law #3 of 2007 adopted establishing the Cold War Veteran's exemption and was filed at the State on Dec. 6, 2007.

WHEREAS, the purpose of this local law is to amend Local Law #3 of 2017 according to Real Property Tax Law 458-B which added the language "notwithstanding the ten year limitation imposed by the foregoing provisions of this subparagraph, a county, city, town, village or school district that has adopted a local law or resolution pursuant to paragraph (a) of this subdivision may adopt a local law or resolution providing that the exemption authorized by this section shall apply to qualifying owners of qualifying real property for as long as they remain qualifying owners, without regard to such ten year limitation.  This local law changes has been authorized by enabling legislation of an amendment to the Real Property Tax Law of the State of New York, which allows the extension beyond 10 years at local option of the taxing jurisdictions.  The prior local law also had a statement that required annually refiling to receive the exemption which should be removed because the RPTL 458-B states that the property owner shall not be required to refile each year.

WHEREAS, that the said Local Law, known as Introductory Local Law I of 2017 (Local Law 9), entitled "A Local Law which amends Local Law No. 3 of 2007", hereby is adopted and is incorporated as follow:

BE IT ENACTED by the Montgomery County Legislature as follows:

Local Law 3 of 2007 is hereby amended to include the following:

SECTION 3: EXEMPTION SCHEDULE

D. The exemption authorized by this law  shall  apply  to qualifying owners of qualifying real property for as long as they remain qualifying  owners,  without  regard  to  a  ten year limitation. 

SAVING CLAUSE: If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment decree or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered and the remainder of this Local Law shall not be affected thereby and shall remain in full force and effect, and 

EFFECTIVE DATE:   This Local Law shall take effect when all applicable statutory requirements for its passage and adoption have been fully complied with and it has been filed in the Office of the Secretary of State, 

RESOLVED, that the Clerk of the Montgomery County Legislature hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County’s designated legal newspapers, as required by law.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 230 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, Montgomery County and Vida Blend, LLC. is eligible to apply for funding for economic development purposes through the Office of Homes and Community Renewal’s Community Development Block Grant (CDBG) Economic Development Program; and

WHEREAS, the Office of Community Renewal provides grants to communities that wish to sponsor economic development activities that create or retain jobs for low- and moderate-income persons. The goal of the program is to fund projects that result in high quality, full-time jobs that are well paying and provide benefits and training to low- and moderate-income persons; and

WHEREAS, Montgomery County has prioritized economic development and job creation provisions which will result in a direct and positive impact to low and moderate income persons; and

WHEREAS, Montgomery County has supplied a request for funding on behalf of Vida Blend, LLC., under the terms set forth in the Office of Homes and Community Renewal’s Community Development Block Grant Program.

RESOLVED, that the County Executive, following review and approval by the County Attorney, is hereby authorized and directed to sign and submit all required application and subsequent reporting materials for funding under the Office of Homes and Community Renewal’s Community Development Block Grant (CDBG) Economic Development Program, and

FURTHER RESOLVED, program requirements include the provision to hold a public hearing, and the Montgomery County Legislature hereby approves scheduling of a Public Hearing for November 28, 2017 at 6:50 p.m. in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, NY 1206; and

FURTHER RESOLVED, the Clerk of the Montgomery County Legislature is hereby directed to cause legal notice of said public hearing to be published according to local law.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 231 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, Section 303-b of the New York State Agriculture and Markets Law established a mechanism on an annual basis for parcels of land comprised of predominately viable agricultural land to be included within the state’s agricultural Districts, and

WHEREAS, Section 303-b of the New York State Agriculture and Markets Law sets forth the requirement that the Legislative Body in every county in New York State with existing Agricultural Districts must designate an annual 30-day period during which landowners may apply for inclusion of their agriculturally viable land in the Agricultural Districts, and

WHEREAS, Montgomery County Legislative Resolution No. 135 of 2004 established an annual thirty-day period extending from September 1 to September 30 during which landowners may submit such requests to the Legislature to include their properties in the Agricultural Districts, and

WHEREAS, during the one-month period extending from September 1, 2015 to September 30, 2017, the Montgomery County Farmland Protection Board received two such applications on behalf of the Legislature, and

WHEREAS, the report and recommendations of the Agricultural Farmland Protection Board are on file with the Clerk of the Montgomery County Legislature, and

WHEREAS, New York State Agriculture and Markets law Section 303-b requires the County Legislature, to hold a public hearing on the proposed inclusions; and

WHEREAS, the intent of the proposed inclusions is through the request of a landowner to include their 27.1 acre parcel of land within the boundaries of Agricultural District No. 3, and a request for a landowner to include their 118 acre parcel of land within the boundaries of Agricultural District No. 2; and 

RESOLVED, the County Legislature hereby schedules a public hearing on the district inclusions for November 28, 2017 at 6:55 pm in the Legislature Chambers. 64 Broadway, Fonda, NY 12068; and

FURTHER RESOLVED, the Clerk of the County Legislature hereby is directed to cause legal notice of said Public Hearing to be published according to law.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 232 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, the NYS Office of Children and Family Services has allocated funding to the Montgomery County Youth Bureau for youth Development Funding; and

WHEREAS, the Youth Advisory Board has voted to allocate Youth Development Funding to the following municipalities to sponsor youth programs: 

Village of St. Johnsville
Village of Fort Plain
City of Amsterdam
Tribes Hill Youth Commission

RESOLVED, that the Montgomery County Executive, upon review and approval of the County Attorney is authorized to enter into agreements with the Village of St. Johnsville, Village of Fort Plain, City of Amsterdam and Tribes Hill Youth Commission for a term of January 1, 2017 to December 31, 2017 for the amounts approved by the Youth Advisory Board for the provision of youth service programs.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 233 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, the Director of Community Services recommends transferring funds to pay for the forensic psychiatric hospitalization of a patient as required by the New York State Mental Hygiene Law, and

WHEREAS, the budgeted appropriation for Court Ordered Services has been fully expended and funds are necessary to pay for the hospitalization.

RESOLVED, that the County Treasurer hereby is authorized and directed to amend the 2017 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 234 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, the Department of Social Services (State Training Program) is over budget for 2017. This program covers children who are in Office of Children and Family Services (OCFS) Custody with respect to Juvenile Detention;

WHEREAS, the Department currently had $250,000 in said budget line (A-18-4-.6011-00-.6129) and exceeded the budget by $149,368.31 and has received an additional invoice from OCFS / Fulton County DSS covering calendar year 2015 in the amount of $156,714.26;

WHEREAS, the Department requires additional funding in the amount of $156,714.26 for the 2017 year for the following program for a child placed by Fulton County DSS, due to the fact the child is a resident of Montgomery County;

WHEREAS, the State Training Program is currently 100% locally funded;

WHEREAS, the remaining funds in the amount of $156,714.26 needed will be transferred from the Family Assistance Appropriation Account A-18-4-6011-00-.6109.

RESOLVED, that the Montgomery County Legislators hereby supports, and authorizes the additional funds for the State Training Program,

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 235 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, the Sheriff's Office has been awarded a grant from NYS Division of Homeland Security totaling $29,991 to be directed towards law enforcement; and

WHEREAS, the Sheriff's Office has a need to replace it's older portable radios with newer radios with better technology; and

WHEREAS, NYS Division of Homeland Security has approve the purchase of said equipment using the grant money.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 236 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, the County of Montgomery was awarded $360,000 in grant funds from the State and Municipal Facilities Program through DASNY, the Dormitory Authority State of New York, and;

WHEREAS, said funds will be used for the design and installation of an emergency generator at the OESJ, Oppenhiem-Ephratah-St. Johnsville High School, and;

WHEREAS, the County shall issue a Request For Proposal (RFP) to engage a qualified professional service company capable of handling such a project in conjunction with Capital Project work already being performed at the OESJ High School.

NOW THEREFORE BE IT RESOLVED, that the County Executive, following review and approval by the County Attorney, is hereby authorized and directed to sign and submit any and all grant agreements  related to said grant, and

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 237 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, it is necessary to transfer funds into the medical fees appropriation line to cover expenses in the Coroner's Budget for autopsies and other fees,

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

MOTION TO TABLE by Legislator Pepe, seconded by Legislator Purtell, passed with Aye(8). Legislator Isabel voted Nay. (10/24/2017)

MOTION TO REMOVE FROM TABLE by Legislator Pepe, seconded by Legislator Purtell, passed with Aye(9). (11/28/2017)

MOTION TO AMEND by Legislator Pepe, seconded by Legislator Kelly, to change the RESOLVED clause as follows:

 passed with Aye(9).(11/28/2017)

RESOLUTION VOTE, passed with Aye(9). (11/28/2017)

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RESOLUTION NO. 238 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, the County Emergency Services/Management Director has been working with the Community Health Center (CHC) regarding preparedness, plan preparation, hazard assessment and evacuation plans;

WHEREAS, Community Health Center (CHC) has requested Montgomery County sign a Business Associate Agreement with them in order to share protected health information during an emergency/disaster that may require the assistance of Montgomery County Emergency Services/Management such as rescuing, evacuating or transporting:

NOW THEREFORE BE IT RESOLVED, that the County Executive, following review and approval by the County Attorney, is hereby authorized and directed to sign this Business Associate Agreement.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 239 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, Resolution 25 of 2017 authorizes the transfer of funds to cover the cost of the installation of a new magnetic flow meter at the Sanitary District No.1; and

WHEREAS, the original contract sum was $13,970.00; and

WHEREAS, Change Order #1 in the amount of $6,499.96 identifies the following:

• Increase in contract time for flow meter lead time                                   
• Increase in contract price due to an existing inoperable valve to isolate the flow meter for replacement:$1,925.00
• Replacement of inoperablevalve: $1,691.63
• Installation of new conduit and wire from flow meter to exisiting chart recorder: $1,800.00
• Overhead and Profit: $1,083.33

making the total cost of the flow meter installation project $20,469.96.

RESOLVED, that the County Executive is hereby authorized and directed to execute Change Order #1 with Pollard Excavating Inc. in the amount of $6,499.96 to complete the flow meter installation.

FURTHER RESOLVED, the County Treasurer is authorized and directed to amend the 2017 Sanitary District No.1 Budget as follows:

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 240 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, the Commissioner of Public Works has determined that certain motor vehicle equipment is no longer needed by the County; and

WHEREAS, the equipment is described as follows:

  1.  Post Closure Plow/dump truck

  2.  Buildings and Grounds Dodge Caravan (loaner)

  3.  Buildings and Grounds Chevrolet Utility Truck

  4.  Buildings and Grounds International Plow Truck

  5.  Highway Department Grader

  6.  Weights and Measures Ford Truck

  7.  Veterans Agency Van

WHEREAS, the Commissioner of Public Works has commissioned Collar City Auctions to hold an on-line auction.

RESOLVED, upon completion of on-line auction on October 27, 2017, the Commissioner of Public Works is authorized to sell above-mentioned used equipment through an on-line auction to the highest bidder.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 241 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, Resolution # 255 of 2016 authorizes the County Executive to bind insurance coverage for the Sanitary District No.1 in 2017 at a cost not to exceed $21,164.33,

WHEREAS, a transfer is needed to cover the cost of the policies,

RESOLVED, the Montgomery County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

TRANSFER FROM:

G-26-4-8120-00-4407     Office Equipment       $165.00

TRANSFER TO:

G-26-4-1910-00-4480      Insurances                 $165.00

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 242 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, pursuant to the Federal Workforce Innovation and Opportunity Act of 2014, Fulton- Montgomery-Schoharie Counties Workforce Development Board is responsible for developing, integrating and coordinating a workforce development system to meet the needs of business and provides career opportunities for workers, and

WHEREAS, in accordance with the Federal Workforce Innovation and Opportunity Act of 2014, the Fulton-Montgomery-Schoharie Workforce Development Board must develop a local plan for July 1, 2017 through June 30, 2021.

RESOLVED, that the Fulton-Montgomery-Schoharie Workforce Development Board is hereby authorized to submit a local plan to the NYS Department of Labor for the period July 1, 2017 – June 30, 2021, and

FURTHER RESOLVED, that upon reveiw and approval of the County Attorney, the County Executive is hereby authorized to execute "Attachment D: Signature of Chief Elected Official" acknowledging the submission of the Local Plan Modification, and

FURTHER RESOLVED, that certified copies of this Resolution be forwarded to the Fulton-Montgomery-Schoharie Workforce Development Board and Fulton and Schoharie Counties.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 243 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, the New York State Employee’s Retirement System requires a local governing body to set standards for retirement system credit for applicable part-time and full-time elected and appointed officials, and

WHEREAS, such standards are needed to set forth the average number of full-time equivalent (FTE) days worked by such employees.

FURTHER RESOLVED,  that the standard workday for the full-time elected positions hereby are established at 7 hours per day, and

FURTHER RESOLVED, the Montgomery County Legislature does hereby adopt and approve the standards for the “Retirement Days Credited Monthly for Elected Full-time Officials” under the New York Sate Employee’s Retirement System, and

FURTHER RESOLVED,  that the New York State Retirement System has requested forms RS 2417-A and RS 2417 –B be updated and submitted, and

FURTHER RESOLVED, that these Retirement System forms be submitted to the New York State Retirement System so that they can be audited for compliance and accuracy which will determine the credit of Retirement days for Montgomery County’sfull-time elected officials.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 244 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, pursuant to the Polices and Bylaws of Fulton-Montgomery Community College the Board of Trustees must have five trustees to be appointed by the sponsoring counties to serve seven year terms; and

WHEREAS, the Montgomery County Executive has appointed Dr. Vicky Ramos to serve on the Fulton-Montgomery Community College Board of Trustees for the term ending June 30, 2020.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature confirms the appointment of Dr. Vicky Ramos to the Fulton-Montgomery Community College Board of Trustees.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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RESOLUTION NO. 245 of 2017 DATED: October 24, 2017 RECOMMENDATION:

WHEREAS, the Republican Election Commissioners term expires December 31, 2017, and

WHEREAS, the Republican Party Chairperson has submitted certification that the party has recommended Terrance J. Smith of 5849 State Hwy 30, Amsterdam, NY to appointment to the office of the Republican Election Commissioner for the next four-year term, be it

RESOLVED, that Terrance J. Smith, 5849 State Hwy 30, Amsterdam NY is hereby appointed Republican Election Commissioner pursuant to Election Law Section 3-204 and Resolution No. 85, of 2005, to a four-year term commencing on January 1, 2018 and ending on December 31, 2021.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)

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